Prosecutors are looking into a racially fueled incident in Council Bluffs Tuesday when a man pointed a gun at a family walking from the pedestrian bridge.

Shanita Ale said every time she looks at her 2-year-old son she remembers that night, the feeling that such an innocent little boy could be targeted because he’s black. It doesn’t matter to her that officers found out the gun was fake because what the man said was all too real.

The gun was an air rifle found inside 43-year-old Brian Young’s home after the incident July 13. It was little comfort for Shanita.

“For all I know you’re about to murder my husband and son right in front of me,” said Ale.

Police arrested Young on public intoxication charges and took his loaded Beretta .40 caliber rifle and magazines they found outside. After reviewing Young’s carry/conceal permit and talking with his alleged victims, prosecutors added more charges.

“Assault in violation of individual rights, which is basically Iowa’s hate crime statute,” said Matt Wilber, a Pottawattamie County attorney.

Wilber said he can only file the assault and harassment charges, only misdemeanors, even if the motivation is race.

“These folks were scared, they didn’t know it was a pellet gun pointed at them,” said Wilber. “They’re having racial epithets yelled at them while a gun’s pointed at them.”

Young’s out of jail awaiting a formal hearing in September.

“This man has been walking free after having terrorized my family for no other reason than he didn’t like the fact we were black and we were walking in front of his home,” said Ale.

Ale shares her family's story, worried real justice can’t be served because the weapon wasn’t real.

“Who’s to say he won’t kill somebody in the future? Who’s to say? We don’t know what may come out of this but me, I’m not willing to just standby and let this just fall, just act like it didn’t happen,” said Ale.